THE SENATE
                THE TWENTIETH LEGISLATURE
                 REGULAR SESSION OF 1999

     MEASURES DEFERRED TO FRIDAY, FEBRUARY 12, 1999


                 COMMITTEE ON JUDICIARY
                        9:00 a.m.
                   Conference Room 229

         DECISION MAKING ON THE FOLLOWING BILLS
            (Deferred from February 9, 1999)


SB 586        RELATING TO DISPOSITION OF CONVICTED DEFENDANTS           JDC
           Provides for  enhanced  sentencing  of  a defendant
           who, in the course  of  committing or attempting to
           commit a felony  sexual  assault, uses a controlled
           substance to incapacitate the victim.

SB 829        RELATING TO THE HAWAII RULES OF EVIDENCE                  JDC
           Amends the Hawaii Rules  of  Evidence to conform to
           the federal rule with  respect to sex offense cases
           and the relevance  of  the  victim's past behavior.
           Adopts a Rule of Evidence conforming to the federal
           rule with respect to  the admissibility of evidence
           of similar acts  in  civil  cases concerning sexual
           assault or child molestation.

SB 1121       RELATING TO A SENTENCING SIMULATION MODEL            JDC, WAM
           Proposes  a  simulation  model  program  to  gather
           information on  convicted  defendants  in  order to
           determine  the  most  efficient  use  of  resources
           available in the prisons, the judiciary, and in the
           community.

SB 1118       RELATING TO HABITUAL CRIMINAL BEHAVIOR                    JDC
           Creates a new  felony  offense covering persons who
           habitually  commit   misdemeanor  offenses  against
           property or persons.

SB 1119       RELATING TO HOMICIDE                                      JDC
           Proposes to: (1)  revise  the statutory elements of
           murder; (2) create a  new  version of murder in the
           second degree; and (3) revise the extreme mental or
           emotional disturbance defense  to  one that reduces
           the level of offense just one level.

SB 1120       RELATING TO REPEAT OFFENDERS                              JDC
           Provides for a  twenty-five  year time frame within
           which a prior felony  conviction would qualify as a
           prior felony for repeat offender sentencing.


 
SB 1122       RELATING TO FIREARMS                                      JDC
           Amends the penalty provisions of the firearm law to
           clarify that the  penalty  for  a violation of this
           section is intended to be in addition to and not in
           lieu of the penalty for other applicable offenses.


 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
SB 919        RELATING TO ROBBERY                                       JDC
           Clarifies  legislative   intent   with  respect  to
           robbery that:  focus  is  on defendant's intent and
           not   victim's   awareness   of   theft;   and  the
           defendant's  assertion  or  conduct  indicating  to
           victim that the defendant is armed with a dangerous
           weapon is sufficient  to  establish  robbery in the
           first degree.

SB 923        RELATING TO CRIMINAL OFFENSES                             JDC
           Authorizes sentencing judge  to determine merger of
           convictions if multiple  convictions include lesser
           included   offenses.      Amends   double  jeopardy
           provisions  to  allow   subsequent  prosecution  if
           former  prosecution  resulted  in  a  conviction or
           finding of guilty  of  lesser  include offense that
           subsequently was set aside.

SB 931        RELATING TO WIRETAPPING AND ELECTRONIC               JDC, WAM
           SURVEILLANCE
           Conforms   state    wiretapping    and   electronic
           surveillance law  to  the  process  or  request was
           supplied to or federal law.

SB 926        RELATING TO DRUG DEMAND REDUCTION                    JDC, WAM
           ASSESSMENTS
           Increases offenses for  which drug demand reduction
           assessment may be  imposed.  Authorizes expenditure
           of  $33,000  for  FY  1999-2000;  otherwise  limits
           expenditure to  deposit  balance.    Repeals sunset
           provision  of  drug   demand  reduction  assessment
           special fund. Provides for lapse into general fund,
           if fund is repealed.


                   No testimony will be accepted.


For further information, please call the committee clerk at 586-6911.